Facts
The petitioners challenged a common order dated 5 August 2021 directing that the subject lands be recorded in the names of private respondents 5 and 6. They alleged the order was made without notice or hearing, despite the lands having been mutated in their names
Source reference: para. 2The petitioners did not appear to press the petitions. Counsel for respondents 5 and 6 stated that the parties had settled the dispute and that Civil Suit No. 43-A/2021 had been disposed of by a compromise judgment and decree dated 1 September 2026
Source reference: paras. 3–4The High Court considered the compromise decree
Source reference: paras. 5–6Issues
1. Whether the parties’ settlement and the subsequent compromise decree left any dispute requiring adjudication in the writ petitions
Source reference: paras. 4, 62. Whether the Court should adjudicate the petitioners’ challenge to the revenue order on the grounds raised, notwithstanding the settlement
Source reference: paras. 2, 6Law Applied
The compromise decree was made on an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, which provides for recording a lawful compromise in a suit
Source reference: para. 5The Court treated the settlement, as recorded in the decree, as resolving the dispute to the extent of its terms; it identified no precedent or separate substantive rule governing the original revenue-order challenge
Source reference: para. 6Reasoning
The Court noted that the petitioners were absent and that respondents 5 and 6 relied on the compromise decree disposing of the civil suit
Source reference: paras. 3–4On examining that decree, the Court found that the parties’ dispute concerning the subject land had been settled to the extent recorded in the compromise.
Source reference: para. 6It therefore considered further adjudication of the writ petitions unwarranted and did not decide the merits of the challenge to the revenue order
Source reference: para. 6Holding
The Court disposed of all three writ petitions as infructuous, finding that nothing further survived for consideration following the settlement and compromise decree
There was no order as to costs
Source reference: para. 8Original Court PDF
Devnarayan PatelvsSTATE OF CHHATTISGARH
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